nullity of marriage & maintanance
Querist :
Anonymous
(Querist) 05 March 2011
This query is : Resolved
u/s 13 a case was filed for divorce after that was amend u/s 12 on the ground that before marriage the respondent was a psychiatrist patient (schizophrenic,strong medical documents are in support) and the disease seems not to be curable the petitioner give the respondent a treatment of 5 years but which has no result.in this case does the respondent is able to get maintenance if the marriage declared void & what responsibility become to the petitioner.
Tajobsindia
(Expert) 06 March 2011
1.Re. to Hindu Marriage Act (25 of 1955), S. 5(i), 11, 12, 14, 16 Marriage with person having living spouse is null and void cannot be treated as voidable under S. 12. Criminal P.C. (2) of 1974). Under S. 125 Maintenance the expression 'Wife' - Means legally wedded wife Marriage of woman with man already having living spouse as per Hindu rites is complete nullity. Hence she is not entitled to maintenance under S. 125 CrPC.
2.Re. Ramesh Chandra Rampratapji Daga Vs.Rameshwari Ramesh Chandra Daga 2005(1) Apex Court Judgments 396 the wife, whose marriage is declared to be null and void however is entitled to permanent alimony, under S. 25 of the Hindu Marriage Act, at the time of passing of the decree.
Ld. sr. friends I remain open for self correction especially on my say U/s 125 CrPc in the background of above para 1 advise given if any.
Arvind Singh Chauhan
(Expert) 06 March 2011
I agree with Rajeev if marriage is declared null and void. So called Husband has no liability under 125 Cr.P.C and under H M Act.
But she may claim relief under DV Act.
Kirti Kar Tripathi
(Expert) 06 March 2011
But I do not think, in your case, marriage would be declared as void. As the ground you took, is not a ground for declaration of marriage as null and void.
